Category: Litigation
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Collateral damage: publisher opt-outs threaten the Wayback Machine’s value for trademark attorneys (Originally Published In World Trademark Review)
Trademark attorneys may become collateral damage in a growing trend of publishers and platforms preventing the Wayback Machine from archiving their webpages. The New York Times, USA Today, The Guardian and Reddit are now among those limiting or blocking the non-profit’s crawlers, citing concerns that the internet archive will become an alternative avenue for AI…
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Sued for Counterfeiting? Trademark Counterfeiting Defense
Trademark counterfeiting defense is based on highly involved and targeted strategy. Being accused of trademark infringement is serious, but being accused of trademark counterfeiting is considerably more serious. Counterfeiting is a particular type of trademark infringement that triggers some of the harshest remedies available under the federal trademark statute, commonly known as the Lanham Act. A defendant…
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Should You Send A Cease and Desist Letter? Here Are The Benefits & Risks
If someone is using your brand name, copying your product, or creating confusion in the marketplace, your first instinct might be to send a cease and desist letter. Usually, that is exactly the right move. Never underestimate the power of a well-written cease and desist letter. Sometimes, though, it can backfire. The truth is, whether…
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The End of Dupe Culture? How Brands Like LuluLemon and Uggs Are Fighting Back
Updated November 2025 On TikTok and Instagram, hashtags like #dupe, #lulelemondupe, and #luxurydupe rack up hundreds of millions of views. “Dupes”, short for “duplicates”, refer to products that imitate the look, feel, or performance of a well-known brand item. They are sold for a fraction of the price and are not necessarily illegal, so it’s…
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Why Trademark Enforcement Matters And Why It’S More Affordable Than You Think
Every brand begins with a creative spark, whether it be a name, a logo, a slogan and ends with a legal promise: that no one else can trade on your identity. But that promise only holds if you enforce it. As trademark attorneys, we often tell our clients that registration is step one, enforcement is step two.…